차령조정신청반려처분취소청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. The Plaintiff is a corporation operating passenger transport business, and the expiry date of the age of the Plaintiff’s large-sized passenger vehicle A (hereinafter “instant vehicle”) was December 30, 2015, but the age of the instant vehicle was extended by June 30, 2016 upon filing an application for the age adjustment for the said vehicle.
B. Thereafter, on June 10, 2016, the Plaintiff received a provisional inspection from the Busan Motor Vehicle Inspection Office at the Korea Transportation Safety Authority to re-examine the age of the instant motor vehicle.
C. On August 9, 2016, the Plaintiff submitted an application for the adjustment of the age of an automobile for business to the Defendant along with a notice of passing a provisional inspection of an automobile for business, but the Defendant rejected the application on the ground that the age of the instant automobile has expired, and the Plaintiff again submitted an application for the adjustment of the age of the said automobile on August 12, 2016, and the Defendant rejected the Plaintiff’s application for the adjustment of the age of the instant automobile for business on the ground that the Plaintiff filed an application after the age of the instant automobile expired
(hereinafter “Disposition in this case”). 【No dispute exists, entry of Gap’s evidence Nos. 1 through 7, and the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. Article 84(1) and (4) of the Plaintiff’s alleged Passenger Transport Service Act (hereinafter “passenger Transport Service Act”), Article 40(1) of the Enforcement Decree of the Passenger Transport Service Act (hereinafter “Enforcement Decree of the Passenger Transport Service Act”), Article 107(2) of the Enforcement Rule of the Passenger Transport Service Act (hereinafter “Enforcement Rule of the Passenger Transport Service Act”), which provides that a passenger transport service provider seeking an extension of the age of the pertinent vehicle shall file an application with the competent authority prior to the expiration date of the age of the vehicle, is merely a meaning that the passenger transport service provider cannot file an application after the expiration date of the age of the vehicle, but is merely an administrative disposition if the vehicle exceeds the age of the vehicle after the expiration date